ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail. Appln. No. S – 201 of 2019

 

Date                                                   Order with Signature of Hon’ble Judge

 

1.      For orders on MA No.1902/2019

2.      For hearing of bail application

(Notice issued)

29.04.2019

            Syed Jaffer Ali Shah Advocate for the applicants

Mr. Abdul Rehman Kolachi, DPG for the State

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Irshad Ali Shah, J; It is alleged that the present applicants in furtherance of their common intention by committing trespass into house of Ahmed Ali caused him hatchet blow and then went away by insulting him, for that the present case was registered.

2.                    The applicants on having been refused pre-arrest bail by learned 2nd Additional Sessions Judge Khairpur, have sought for the same from this Court by way of instant bail application u/s 498-A Cr.P.C.

3.                    It is contended by learned counsel for the applicants that applicants being innocent have been involved in this case falsely by the complainant in order to settle his dispute with them over passage; the FIR has been lodged with delay of one day and offence is not falling within the prohibitory clause. By contending so, he sought for pre‑arrest bail for the applicants on the point of malafide.

4.                    Learned DPG for the State recorded no objection to grant of pre-arrest bail to applicant Shaman Ali and Sarfraz while opposed to grant of pre-arrest bail to applicant Mohsin Ali.

5.                    I have considered the above arguments and perused the record.

6.                    The FIR of the incident has been lodged with delay of one day without any plausible explanation, such delay could not be overlooked; 161 Cr.P.C statements of the P.Ws are recorded with further delay of one day, such delay could not be ignored; the offence is not falling within the prohibitory clause of Section 497(2) Cr.P.C; parties are already disputed over passage; and case has finally been challaned by the police. In that situation, the applicants are found entitled to grant of pre-arrest bail on the point of malafide.

7.                    In view of above, interim pre-arrest bail already granted to the applicants is confirmed on same terms and conditions.

8.                    Instant Cr. Bail Application is disposed of in above terms.

 

Judge

ARBROHI